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Ben Jones, UK Lawyer

Category: Law

Satisfied Customers: 51163

Experience: Qualified Solicitor

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Been suspended from work on full pay due gross miss conduct

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Been suspended from work on full pay due gross miss conduct after 5 years service. as they said they invited me for investigation but it was cancelled as I was in my paternity and rescheduled again but I’m on sick off now as my doctor sign me off due to mental health and anxiety which I suffered from . I don’t want to go back to this employer but I don’t want to leave them for nothing and I if I go back for investigation they will definitely put me on disciplinary and then dismiss me I’m sure 100% as my manger hates me . What should I do now and what is my rights . Will they pay me now

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Customer:replied 3 months ago.

I’m afraid I attend the investigation so it will be a step towards disciplinary and I lose my 5 year service and I’m not gonna be able to find any other job due to no reference and I cannot afford to resign now so my illness is delaying the process I need to know can they dismiss me while I’m on sickness

Hi they said I steel e cigarettes on one day and what makes it funny is that on same day they accuse me of stealing the deputy manger and security guard did staff search and they checked me and my bag there was nothing so how come I steal and on staff search they found nothing and when I received letter from the company they mentioned that on one of the days I steal money from the till which I never touch any money at all I didn’t take any money

Thanks for your patience. It is possible and legal to dismiss someone whilst they are off sick and being off does not in itself give you any immunity against that. However, the employer should not rush towards the disciplinary and they should give you some time to recover and try to attend. This will depend on how long you are off for but the longer you are off then the more likely it is that they will eventually proceed with the disciplinary anyway. If they do, they must still ensure that it is done fairly, so for example they could do it over the phone or give you the opportunity to provide a full defence in writing.

If you wanted to leave them anyway then you can potentially consider resigning and remaining on sick leave for the rest of the notice period. There is no guarantee that they won't proceed with a disciplinary still, but hopefully they will just let you go, knowing that you will be leaving anyway.

Another alternative is to approach them now and see if they are willing to let you go and drop the disciplinary in return, so you both go tour own separate ways. You can try and negotiate at least a basic reference as part of that too but it is of course down to them.

So there is no right or wrong way to go about this to be honest and it all depends on the employer and what their intentions are and how far they are willing to take this. They may just want you out but without caring to much as to how that happens and they may be happy with you resigning, giving them an easy way to get rid of you. So you can approach them to discuss that and see if they are willing to just let you go, potentially with a reference.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Hello I don’t want to approach them in a friendly way I need to approach them in a legal way so they notice I’m aware of everything thing other wise they will take advantage and I need to care on my benefits not theirs so I need to get out the last drop of them as they treated me so badly

At this stage your legal rights are not that strong I'm afraid, you cannot come in and lay the law on them because you do not have much to rely on, at least not yet. The only thing you can do now is threaten to resign and claim constructive dismissal against them, but really your rights will only kick in if you have been dismissed either for an unfair reason or if they had not followed a fair procedure. Until then, they are able to pursue a disciplinary against you if they believe there are grounds for doing so. That is why you may have to see what the outcome is of that before you can really get some stronger legal protection to use against them. Does this clarify?

ThAnks so how do I (threaten to resign and claim constructive dismissal against them) how can I do that or which formal letter I should send it to them ? And can I start doing that now at this stage ? And if yes what benefits I get from claiming constructive dismissal against them?

you can do that at any time. There is no formal letter you have to send them you do not use any formal template to do that, you can just write it in your own words that you are considering resigning and claiming constructive dismissal due to what has happened and ask of them whatever you are hoping to achieve, such as compensation to leave

they could say we accept ur resigning and they will be happy for that and at this case they will not pay me a penny because they already want to me to leave they are playing such a game do you get me . Thanks

Customer:replied 3 months ago.

I’m also suffering mental due to all this situations and due to pressure at work and also last year I’ve been of for a while due to stress anxiety and panic attacks as result of pressure at work

They could say they accept your resignation with immediate effect and drop the disciplinary, but not pay you anything for the notice period as they have agreed for you to go straight away. They could also agree a settlement with you where you are paid off to leave and in return you make a formal promise not to make a claim against them, but this is something that is entirely voluntary. The other options are to resign and make the constructive dismissal claim or be dismissed and make the unfair dismissal claim. Does this clarify?

Ok I would rather go for the second option to claim constructive dismissal or be dismissed which is better and shall I stay away until they dismiss me and please could you send me a threatening letter I will copy it and send to them under my name cause really i don’t how the exact way to threaten them as I don’t want to lose my five year service for nothing I have family and kids I want to get the best I can out of them and also you can do the whole job ?? How much will cost me ?

I need a threatening letter that I will claim against them and because of that I’ve suffered mental conditions for long time and I’m already on medication I suffer panic attacks anxiety and depression I also provided them with all sick notes from my doctor and if they want to negotiate they can give me an offer ... I’m very anxious about my family I have two babies

It is difficult to say how much you will get as it depends on so many factors, many of which are not yet known, such as how long will it take you to find a new job. For example, in unfair dismissal, you would get a payment equivalent to redundancy (you can calculate it here: https://www.gov.uk/calculate-your-redundancy-pay) and compensation for loss of earnings, which depend on how long you take to find a new job. I suggest you do not set a specific figure and let them make you an offer and then negotiate around that.

To assess my health contdion cause of anxiety and depression and if I’m fit for attending the investigation or not and if I’m they asses I’m fit to work I will have to accept to attend the investigation meeting and if i didn’t attend the meeting will be held in my absence and they will take decision

Customer:replied 3 months ago.

Also today I send the letter for both head office and my store and should arrive tomorrow

you do not have to go to OH, unless your contract says that you have to if you are referred to them by the employer. The employer can still rely on the professional opinion of your own doctor, if you preferred that. It is up to you whether you agree to seeing OH

Hello, thanks for getting in touch. We do ask that customers post any related follow up queries within 7 days of submitting their original question if they want it to be covered by the initial fee. After that time, if you need further support, we kindly request that a new question is posted as we cannot offer indefinite assistance under one fee. If you need any further help on this matter please post it as a new question on our site, starting it with 'for Ben Jones' as I am familiar with your case and can deal with it most efficiently. Many thanks

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